Woman with bad driving record sues truck company

ALBUQUERQUE (KRQE) – A woman with a terrible driving record says someone else is to blame for a crash that left her and her daughter with life-threatening injuries.

The details and the finger-pointing are spelled out in a recently filed lawsuit.

Angelique Pena-Chavez claims a semi-truck driver acted carelessly by parking his broken down semi partially in the roadway but, to say Pena-Chavez has a far from a perfect driving history is putting it lightly.

August 26th 2013, Angelique Pena-Chavez and her 10-year-old daughter are rushed to the hospital with life-threatening injuries. That’s after police say she rammed her car into a parked semi, causing another vehicle to slam in behind her.

“While they were going into surgery, the surgeon found a large amount of crack cocaine in a body cavity of Ms. Pena-Chavez,” says APD Officer Simon Drobik.

It wasn’t her first drug offense and, when it comes to driving, her driving rap sheet includes just about every offense you can imagine. You’ll find everything from a DWI arrest to running red lights to 14 speeding tickets. That’s not to mention 151 bench warrants for not showing up to court.

“Okay, Ms. Pena-Chavez that is the record for people who have appeared in my court. I’ve never had anyone with 151 bench warrants. Oh my God,” replied Ramcyzk.

Yet, when it comes to that August crash, Pena Chavez says, it wasn’t her fault.

A lawsuit filed against the trucking company claims four counts of negligence against the company and the driver.

Pena-Chavez claims the driver “created an extreme hazard” by parking his truck partially in the roadway, violating his duty to use reasonable care and abide by the standards and laws he has to follow as a commercial truck driver.

It’s why Pena-Chavez believes she and her daughter are entitled to “an amount to be determined at trial” for personal injury, property damage” and “mental and physical anguish.”

The driver of the semi-truck is also the owner of the transport company. He says the allegations are baseless and wants the lawsuit dismissed.

Court records show drug trafficking is the only charge Pena-Chavez is currently facing from the crash, but the District Attorney’s office tells KRQE News 13 they’re considering whether they will pursue a child abuse case stemming from the incident.

Attorneys for both Pena-Chavez and the trucking company had no comment.